Gwendolyn A. Ewing - Page 49




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               the person with whom the taxpayer originally filed the                 
               joint return.  The conference agreement also includes                  
               the provision in the House bill expanding the                          
               circumstances in which innocent spouse relief is                       
               available.  Taxpayers, whether or not eligible to make                 
               the separate liability election, may be granted                        
               innocent spouse relief where appropriate.  In addition,                
               the conference agreement authorizes the Secretary to                   
               provide equitable relief in appropriate situations.                    
               The conference agreement follows the House bill and the                
               Senate amendment in establishing jurisdiction in the                   
               Tax Court over disputes arising in this area.                          
               Deficiencies of certain taxpayers                                      
                    The conference agreement follows the Senate                       
               amendment with respect to deficiencies of a taxpayer                   
               who, at the time of election, is no longer married to,                 
               is legally separated from, or has been living apart for                
               at least 12 months from the person with whom the                       
               taxpayer originally filed the joint return.  Such                      
               taxpayers may elect to limit their liability for any                   
               deficiency limited to the portion of the deficiency                    
               that is attributable to items allocable to the                         
               taxpayer.                                                              
                         *    *    *    *    *    *    *                              
               Other deficiencies                                                     
                    The conference agreement also includes the                        
               provision in the House bill modifying innocent spouse                  
               relief.  Taxpayers who do not make the separate                        
               liability election may be eligible for innocent spouse                 
               relief. * * *                                                          
               Other circumstances, including tax shown on a return                   
               but not paid                                                           
                    The conference agreement does not include the                     
               portion of the Senate amendment that could provide                     
               relief in situations where tax was shown on a joint                    
               return, but not paid with the return.  The conferees                   
               intend that the Secretary will consider using the grant                
               of authority to provide equitable relief in appropriate                
               situations to avoid the inequitable treatment of                       
               spouses in such situations. * * *                                      






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